Sherman

I. BACKGROUND/PRIOR PROCEEDINGS

On direct appeal of Tanner’s conviction, the California Court of Appeal laid out the following facts underlying this case: At about 10:45 a.m. on January 19, 2013, Eisar Askari and Sokung Swing were preparing to open the restaurant where they worked. As Askari came into the restaurant after dumping the fryer oil, he heard someone in the office. When he opened the office door, he saw [Tanner] inside with Swing’s purse in one hand and a “bunch of . . . cash” in the other. When asked why he was there, [Tanner] responded that he wanted to use the restroom. Askari then asked why [Tanner] had Swing’s purse; [Tanner] responded by dropping the purse and punching Askari in the face. [Tanner] continued hitting at Askari, and Askari implored Swing to call 911, which she did. Askari told [Tanner] to leave, but [Tanner] continued punching Askari until he was pinned against a wall of the office, leaving a hole in the sheetrock the size of Askari’s head. It appeared [Tanner] was attempting to reach for scissors or a knife on top Daniel E. Cueva, Acting Warden, California Medical Center, is substituted for Stu Sherman, Warden, Substance Abuse Treatment…